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1. Question:--关于过渡期
/ { i: I# N# G$ Q: c/ iIs there a transition period for application of Directive 2006/42/EC?
& j% g, m" p% T% v- f0 v1 o4 _- wAnswer :
% o2 o8 N& k- e: k" J/ |- Y& C" PIn general, there is no transition period, in the sense of a period during which both the current
# w" L2 _/ J7 r; q2 O1 Q2 H5 EMachinery Directive and the new Machinery Directive are applicable (with one exception: there is a) Y+ p* f$ b* R$ [# B1 O- m W
transition period until 29th June 2011 for the particular case of portable cartridge-operated fixing and% S7 p* h d' ]3 [' ^& t
other impact machinery).' F. [$ Z$ ?9 h0 Y, c* x
However there is a period of adaptation, since the provisions of the Directive 2006/42/EC become
/ B1 F v, C7 U, Z9 wapplicable on 29th December 2009. During this period, all of the stakeholders concerned will be able to6 s2 t4 q( q% X0 |1 y! P8 p% p: r/ E
take the necessary steps to ensure a smooth transition from the current Directive to the new Directive.
`! N4 b/ }- X2 |& g2. Question:--关于是否使用新旧指令
6 r, f5 o( p3 c5 p! l, b# Q& UCan manufacturers anticipate application of the new Machinery Directive?的应用
! m- S' I' ~% w" N( K7 rAnswer:+ r$ h* g9 C: M6 Y# b
Yes and no. Manufacturers can and should anticipate application of Directive 2006/42/EC from a- a5 U/ Z4 w G7 K0 P7 S
practical and technical point of view, however, from a formal, legal point of view, the Directive cannot
2 w4 |3 ?' ^' sbe applied before 29th December 2009:: m8 _* n# M7 j# i
- From the practical and technical point of view, manufacturers are encouraged to review their# d+ d) m3 M, k, g/ J
products without delay and adapt them as necessary to take account of the requirements of the
3 I2 b% A! N2 Q) P+ ]) D. Pnew Directive. While machinery placed on the market before 29th December 2009 must
2 Z. z3 b/ C, Z" m/ T4 a: q& Pcontinue to comply with Directive 98/37/EC, it can be assumed that a product that complies
; z( _; C% ~( w7 `with the essential requirements of the new Machinery Directive continues to comply with the" y/ a8 q* M5 d3 j9 R" ~! k: Z
current Directive.
6 M; X' P+ L& ~& v. Q |6 `- From the formal, legal point of view, machinery can only be placed on the market with
% m4 [8 q6 t& }9 r: A! Nreference to Directive 2006/42/EC as from 29th December 2009.
! o j$ u# g% a2 {# x% ?" F/ a- F3. Question:---满足新指令宣告. X- \$ o E I; z D( k' E" W
When shall a manufacturer establish an EC Declaration of conformity according to Directive
) E# G# }) a _" X2006/42/EC?
+ ?* _5 W. h) l5 o y: v- _, tAnswer:/ T1 |; c- F# ^8 x/ r: q1 j6 W
A manufacturer shall establish an EC Declaration of conformity according to Directive 2006/42/EC* @: ~7 ^4 j+ t4 C' c
for products first placed on the market as from 29th December 2009.: W! O6 C2 f* [5 j8 [& E; K1 J
In cases where the manufacturer cannot be certain on what date individual products will be first placed9 r! k; c8 X" @9 Z- B$ O* u
on the market, providing the products concerned comply with both the current and the new Directives,7 S. c" X0 l; p
he may establish an EC Declaration of conformity referring to both Directive 98/37/EC and Directive: Y0 n9 Y/ T8 ]
2006/42/EC. The reference to Directive 98/37/EC should be removed from the EC Declaration of: x4 z+ P# ~& L5 b: B: E) Y( K
conformity after the 29th December 2009.5 t8 r6 k8 X( F9 A: P8 E
4. Question:---关于旧指令的协调标准新指令是否适用
4 K( k+ S# @' e# }! o6 RCan the current harmonised standards be used to comply with Directive 2006/42/EC?! O1 \ Q, O% ?! A# d
Answer:
# @( n: {! H9 M2 A7 b& YSince there have been some modifications to the essential health and safety requirements set out in' V V4 Q5 }8 i
Annex I, it cannot be assumed that the current harmonised standards comply fully with Directive
0 L) B. j. w B/ f- S' X2006/42/EC.. j0 I ]7 f' E" L
The European Commission is issuing a mandate to CEN and Cenelec to develop the necessary new% X" j+ A$ ^, M) i) {" V
standards and ensure that the current standards are checked against Directive 2006/42/EC and adapted
. N- ?2 y& U7 q& x! Aas necessary. Furthermore, all harmonised standards must include a reference to the new Directive.& l9 t: k% {& C6 m' b# F
The Commission intends to publish a list of harmonised standards supporting Directive 2006/42/EC
* k8 A1 x Z4 y& p+ l- ~* O+ v. cbefore the Directive becomes applicable.
4 Y8 D5 n, G* j5. Question:--关于附录IV产品,制造商何时可以使用全新的质量保证程序
0 n( R' F( w* Z. {. Z: ]& DWhen will manufacturers be able to use the new full quality assurance procedure for Annex IV
X3 r/ L* u# F& s* B, tmachinery?
# O' N. w8 M9 _5 K6 kAnswer:8 {3 Y3 @& S5 B. ~. O) T# p
The Member States will first have to assess, appoint and notify Notified Bodies for the new full
" l2 R, m$ ]1 }! ]$ cquality assurance procedure set out in Annex X of the new Directive. This can be done as soon as
+ V* Y2 k, p( e* oDirective 2006/42/EC has been transposed into national law.
# R; y2 X- n$ }4 ]) s9 CAs soon as Bodies have been notified for this procedure, they will be able to carry out the necessary3 t. h a) h! u z% _
audits and inspections and issue approvals of manufacturers’ full quality assurance systems. However,' C) W* }+ g. \- R- s
products cannot be placed on the market on the basis of such approvals until Directive 2006/42/EC2 S& B0 A6 z7 F3 c) w* y
becomes applicable on 29th December 2009.
' a% u A3 P# ~4 k$ P6. Question:--关于现有的NB能否做新指令的型式认证
; \' O( l# u! i) UWill the existing Notified Bodies be able to carry out EC type-examinations according to Directive* X1 N n. ^) d) ~3 R
2006/42/EC?2 I9 N* L9 S/ r
Answer:& e9 m0 y/ R9 @; O# N# z, R7 h
Bodies that are notified to carry out EC type-examinations under Directive 98/37/EC will be able to
) Y( i2 m5 ?. n- Z: {$ v/ `- W0 Lcontinue to carry out EC type-examinations under Directive 2006/42/EC, providing their notification$ K' e1 E5 K1 a" `# y, j/ r
covers the product categories concerned.
1 y! }8 Q+ S* G: ^For product categories included in Annex IV of Directive 2006/42/EC that are not listed in Annex IV
# y2 g1 z+ [( O( z' c* ?) iof Directive 98/37/EC, the Member States will have to notify new Bodies or extend the scope of the0 M5 g: m, G# _( c+ B
notification of existing ones.
( U3 @3 k, s& W2 H" e) Z* M/ M' |7 e+ O6 v2 n5 N
7. Question:--关于按旧指令做的型式认证是否适用于新指令1 G3 s0 i$ T; |/ ^+ t& P* f! {
Will EC type-examination certificates established according to Directive 98/37/EC remain valid for
7 u& n4 f4 W/ J2 X( a# x- NDirective 2006/42/EC?2 F4 W9 W, A* [. m4 g
Answer:
/ C% u; C" g( c$ QSince there have been some modifications to the essential health and safety requirements set out in/ J3 Q. g) |4 p" R
Annex I, it cannot be assumed that EC type-examination certificates issued according to Directive
& t' x& H3 u4 d- p9 |2 R* x$ [98/37/EC remain valid for Directive 2006/42/EC. Furthermore, such certificates must be updated to. t4 \; @ j! a7 X5 m$ g5 M. z+ u
refer to Directive 2006/42/EC..6 `& w2 _; j3 f, Z- Q
Notified Bodies will thus have to review existing EC type-examination certificates to ensure that they3 [3 [ P/ p3 r; A
remain valid in light of the requirements of the new Directive and update them to refer to Directive
( |# R( r0 G: I) `5 \2006/42/EC. Manufacturers are encouraged to request this review without delay in order to avoid a: s' m }) g! X$ d0 V$ U# T) V
bottleneck in the months preceding December 2009.- y8 z7 n8 c! X
Since Directive 2006/42/EC requires EC type-examination certificates to be reviewed every 5 years8 x5 x# b. E3 t) h/ J) {6 g/ A
(see Annex IX, section 9.3), the 5-year period for existing certificates can be counted from the date on
7 L3 N F$ Z; R/ y7 pwhich they have been updated according to Directive 2006/42/EC.
4 K/ p& Y$ a6 s. |/ d! O# q8. Question:/ s3 L: e+ D# O/ S& D; `4 q
What will happen to products certified according to one of the procedures set out in Article 8 (2) (c)( G y9 u q( O4 V R% B
of Directive 98/37/EC (Receipt of techncial file or Certificate of adequacy to harmonised
) e: k2 F9 A9 H6 Istandards)?% ~! i! G: [6 z- q
Answer:" A6 q3 D; [' u: _& t
The procedures set out in Article 8 (2) (c) of Directive 98/37/EC will no longer exist under Directive1 u/ m% h4 ]0 J. c% M0 O
2006/42/EC. As from 29th December 2009, manufacturers of products placed on the market on the, @# y. D4 B1 e3 a6 B; T3 w0 L
basis of these procedures will therefore have to apply one of the procedures set out in Article 12 (3)
9 V0 X% a* H2 Gand (4) of Directive 2006/42/EC.
' t8 O6 I f* w9 AFor products manufactured in accordance with harmonised standards that cover all the relevant health6 ~1 @/ w9 U4 b6 ?5 [
and safety requirements, the manufacturer will be able to certify the conformity of the product himself r# m6 f6 l2 d/ b* n9 s) [
according to the procedure set out in Article 12 (3) (a) of the Directive.- z; P6 I$ `7 J* t* T
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0 n( h2 {# \2 W/ Q4 G9 \http://ec.europa.eu/enterprise/mechan_equipment/machinery/faq2006-42-ec.pdf$ Z" J% U+ a/ d5 H& G
http://ec.europa.eu/enterprise/mechan_equipment/machinery/index.htm |
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